Motorola H790 Quick Start Manual page 30

Software NOT embodied in physical media. Software that is not embodied in
physical media (e.g. software that is downloaded from the Internet), is provided "as
is" and without warranty.
Who is Covered?
This warranty extends only to the first consumer purchaser, and is not
transferable.
What Will Motorola Do?
Motorola, at its option, will at no charge repair, replace or refund the purchase price
of any Products, Accessories or Software that does not conform to this warranty. We
may use functionally equivalent reconditioned/refurbished/pre-owned or new Products,
Accessories or parts. No data, software or applications added to your Product,
Accessory or Software, including but not limited to personal contacts, games and
ringer tones, will be reinstalled. To avoid losing such data, software and applications
please create a back up prior to requesting service.